California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello again, Dan.Pursuant to state and federal law, if an employee requests a reasonable accommodation that is not an undue hardship to the employer (which usually means it is too costly), the employer must provide the reasonable accommodation to the employer.Since it sounds as though you do have a disability, the ADA would typically provide this protection. If the employer could reasonably cover the additional 1 day that you are not able to work without incurring extraordinary costs, they would typically be required by the ADA to provide the requested accommodation in your work schedule (4 days instead of 5 per week).Since they have been providing it, that would normally indicate that it is NOT an undue hardship unless their circumstances (customer needs) have recently changed significantly.If the employer refuses to provide the requested accommodation (which should be made in writing and retain a copy of it for your records), then it would be best to promptly retain a local attorney to represent you in resolving this matter.If the attorney is not successful in resolving the matter, then a charge of discrimination should normally be filed with the EEOC/state Fair Employment and Housing Commission.Here is a link that provides additional information as to what may constitute a reasonable accommodation under the ADA:http://www.eeoc.gov/policy/docs/accommodation.html
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